West Virginia
Death Laws & End-of-Life Guide

At a Glance

Filing requirements and timeline in West Virginia.

In West Virginia, a death certificate must be filed with the section of vital statistics within five days after death and before final disposition. The funeral director or other person assuming custody of the body is responsible for obtaining personal data from the next of kin and providing the certificate to the physician for medical certification within 48 hours. The medical certification must be completed within 24 hours of receipt by the physician in charge of the patient's care. Once complete, the funeral director files the certificate.

Who can order copies and where.

West Virginia isn't an 'open record' state, meaning there are restrictions on who can obtain death certificates. Generally, certified copies are issued to immediate family members (parents, spouses, adult children, grandchildren, siblings, grandparents) who can provide identification linking them to the deceased. If the death occurred 50 or more years ago, identification isn't required. You can order copies from the West Virginia Vital Registration Office or the County Clerk's office in the county where the death occurred.

• -West Virginia Vital Registration Office (WV DHHR) - https://dhhr.wv.gov/HSC/VR/Pages/default.aspx
• -Cost: approximately $12 per certified copy
• -Online ordering is available through VitalChek for convenience.

Who can order a death certificate in West Virginia?

Death records are confidential for 50 years. The informant listed on the certificate, parents and grandparents, adult children and grandchildren, adult siblings, the spouse, and legal representatives with proof can get a certified copy, with photo identification and proof of relationship. Certified copies come from West Virginia's Vital Registration Office, West Virginia Health Statistics Center, in Charleston, in person with same-day service in Charleston, by mail with the application, or online through VitalChek.

How do I get a death certificate in West Virginia?

Order certified copies from West Virginia's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.

How much does a death certificate cost in West Virginia?

$12 per certified copy in West Virginia, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

When probate is required in West Virginia.

Probate is the court-supervised process of validating a will, inventorying assets, paying debts and taxes, and distributing the remaining estate. In West Virginia, a simplified small estate process is available if the total value of the decedent's personal probate assets (assets subject to probate) doesn't exceed $50,000 and the estate doesn't include real estate. If the estate exceeds these limits or includes real property, formal probate is generally required.

If you die without a will in West Virginia.

If a West Virginia resident dies without a valid will (intestate), the state's intestate succession laws determine how their assets are distributed. These laws prioritize the surviving spouse and children, then other close relatives.

• -If you have a spouse and no descendants, your spouse inherits your entire probate estate. Surviving parents change nothing in West Virginia.
• -If you have a spouse and all of your descendants are also your spouse's, your spouse inherits everything, unless your spouse has children from another relationship, in which case your spouse takes three-fifths.
• -If one or more of your descendants is not your spouse's, your spouse takes one-half and your descendants split the other half.
• -If you have descendants but no spouse, your descendants inherit your entire probate estate.
• -If you have no spouse or descendants, your parents inherit your entire probate estate.
• -If you have no spouse, descendants, or parents, your siblings inherit your entire probate estate.
• -If no relatives can be found, the estate escheats to the State of West Virginia.

Avoiding probate in West Virginia.

To avoid probate, West Virginia residents can use various estate planning tools. These include creating a revocable living trust, which allows assets to be distributed outside of probate. Other common methods involve designating beneficiaries on accounts (e.g., bank accounts, retirement accounts, life insurance policies) and holding property in joint tenancy with rights of survivorship, where ownership automatically passes to the surviving owner upon death.

Handwritten wills.

West Virginia accepts a will wholly in the person's own handwriting and signed by them, with no witnesses (W. Va. Code § 41-1-3). Any other will needs two competent witnesses present at the same time.

Source: W. Va. Code § 41-1-3 (West Virginia Legislature) ↗

How long does probate take in West Virginia?

A straightforward West Virginia probate typically runs several months to over a year, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in West Virginia?

$50,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in West Virginia?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does West Virginia allow transfer-on-death deeds?

Yes. West Virginia authorizes the transfer on death deed under W. Va. Code sections 36-12-1 to 36-12-17 (Uniform Real Property Transfer on Death Act). Record it while you’re alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. West Virginia adopted the uniform act in 2014; the deed is revocable and must be recorded before the owner's death.

Source: W. Va. Code sections 36-12-1 to 36-12-17 (Uniform Real Property Transfer on Death Act) ↗

Time off work after a death in West Virginia

West Virginia doesn't require a private employer to give bereavement leave, paid or unpaid. Whatever you get is your employer's policy, and it can be changed or refused.

Who it covers. No employer is covered for bereavement. West Virginia's one leave statute, the Parental Leave Act, applies only to units of state government and county boards of education.

How much. None required.

Paid or unpaid. n/a

Nothing in West Virginia requires a private employer to give time off for a death. Even the Parental Leave Act, the state's only leave statute, cannot help: by its own definitions it reaches only state government units and county boards of education, and its subject is parental and family circumstances rather than a death. Private-sector workers in West Virginia are left with the federal FMLA, which does not cover bereavement, plus whatever the employer's own policy provides.

Source: W. Va. Code ch. 21 (Labor), article list; W. Va. Code § 21-5D-2 (Parental Leave Act, definitions) ↗

Can I leave money to care for my pet in West Virginia?

Yes. West Virginia enforces pet trusts under W. Va. Code § 44D-4-408, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when your animal dies, or when the last of them dies if you covered more than one. West Virginia sets no year limit, so an animal that outlives you by decades stays covered. Whoever you name in the trust enforces it, and if you name nobody a court appoints someone. Anyone who cares about your animal can ask the court to appoint an enforcer or to remove one who isn't doing the job. A judge can cut the amount back if the trust holds more than your animal's care requires. Unless your trust says where the extra should go, it comes back to you if you're living, and otherwise goes to whoever inherits from you. West Virginia covers an animal that was alive while you were, so a pet your family takes in after you die needs its own arrangement. The statute also turns on what the trust document itself says, so put the caretaker, the person who enforces the trust, and a backup for each in the document rather than in a letter to your family.

Source: W. Va. Code § 44D-4-408 ↗

How to set one up, and what it costs →

Die without a will in West Virginia and this law picks your heirs.

If you die intestate (without a valid will) in West Virginia, W. Va. Code §§ 42-1-3 to 42-1-3c decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted doesn't matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• -Spouse only (no descendants or parents): everything.
• -Spouse + parents (no descendants): everything; parents get nothing.
• -Spouse + joint descendants: everything, unless the spouse has children from another relationship, in which case the spouse takes three-fifths.
• -Spouse + blended family: one-half to the spouse; the decedent's descendants split the other half.
• -Source: W. Va. Code §§ 42-1-3 to 42-1-3c

Children's shares.

The decedent's descendants take everything by representation.

No spouse, no children: the line of succession.

After descendants the estate goes to the parents equally, then to the parents' descendants by representation, then half each to the paternal and maternal grandparents or their descendants; with no takers it passes to the state: real property to the State Auditor, personal property to the State Treasurer (§ 42-1-3c).

At a Glance

What West Virginia requires for advance directives.

In West Virginia, any competent adult can execute an advance directive, which can include a living will, a medical power of attorney, or a combined form. These documents allow you to make decisions about your future medical care or appoint someone to make them for you if you become incapacitated. The document must be signed by the declarant or by another person in the declarant's presence and by the declarant's direction. It has to be signed in the presence of two witnesses who are at least 18, and the witnesses' signatures have to be acknowledged before a notary public. West Virginia requires both (W. Va. Code § 16-30-4(a)(4) and (5)).

Healthcare power of attorney in West Virginia.

A Medical Power of Attorney (MPOA) in West Virginia is a legal document that designates an agent to make healthcare decisions on your behalf if you're unable to do so. This document becomes effective only upon your incapacity. Your agent can make decisions regarding medical treatment, surgery, medication, and other healthcare matters, following your wishes as expressed in your MPOA or living will. West Virginia law allows for a standalone MPOA or its inclusion in a combined advance directive.

POLST / MOLST forms in West Virginia.

West Virginia recognizes Physician Orders for Life-Sustaining Treatment (WV POST) forms. WV POST is a medical order form for individuals with serious illnesses or frailty who are considered to be at risk for a life-limiting illness or condition. It's designed to ensure that a patient's wishes regarding life-sustaining treatments are honored across healthcare settings. Unlike an advance directive, which is for future care, a POST form is a physician's order that's immediately actionable and travels with the patient. It covers specific medical interventions like CPR, mechanical ventilation, and artificial nutrition.

Where do I get West Virginia's advance directive form?

Start with W. Va. Code §§ 16-30-4, 16-30-5; WV Center for End-of-Life Care, linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.

Does West Virginia require a notary or witnesses for an advance directive?

West Virginia requires notarization and 2 adult witnesses, as shown in the requirements above. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation rules in West Virginia.

In West Virginia, a crematory must obtain written permission from authorized individuals (typically the next of kin or legal representative) before cremating a human body. Also, if the death falls under the jurisdiction of the Medical Examiner, authorization for cremation must be obtained from the state Medical Examiner, county medical examiner, or county coroner. There's no statutory waiting period specified in West Virginia law before cremation can occur, beyond the time needed to complete the death certificate and obtain necessary authorizations.

Green burial and alternatives in West Virginia.

West Virginia law permits green burial, which involves the disposition of human remains without embalming fluids, vaults, liners, or other non-biodegradable materials, allowing the body to return to the soil naturally. While green burial is legal, it's largely unregulated by specific state statutes, meaning practices can vary by cemetery. Human composting and alkaline hydrolysis (water cremation) aren't explicitly addressed in West Virginia statutes, and home burial is generally allowed as long as it complies with local zoning and health regulations.

• -Green burial is legal and permitted in West Virginia, often supported by land conservation efforts.
• -Human composting and alkaline hydrolysis aren't explicitly regulated or prohibited, but aren't widely available.
• -Home burial is generally allowed, subject to local ordinances and health department rules.

Funeral home regulations in West Virginia.

Funeral homes in West Virginia are licensed and regulated by the West Virginia Board of Funeral Service Examiners. They must adhere to state laws regarding professional conduct, facility requirements, and consumer protection. All funeral homes are also subject to the Federal Trade Commission's (FTC) Funeral Rule, which requires them to provide itemized price lists to consumers, allowing for transparency and comparison shopping. This rule ensures consumers receive clear pricing information before making purchasing decisions.

Who decides what happens to the body in West Virginia

West Virginia sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.

1. preneed funeral contract directions executed by the decedent (§ 30-6-22a(a)), which are not subject to cancellation or revision unless the funding is insufficient
2. a service member's DD Form 93 Record of Emergency Data (§ 30-6-22(b)), which governs disposition notwithstanding any contrary provision of the code
3. person designated by the decedent in a notarized affidavit under § 30-6-22a(b)(1)
4. surviving spouse
5. sole surviving child, or a majority of surviving children (fewer than half may act after reasonable efforts to notify with no known opposition from more than half)
6. surviving parent or parents (remaining parent may act after unsuccessful reasonable efforts to locate the absent parent)
7. surviving sibling, or a majority of surviving siblings (minority exception on the same terms)
8. surviving grandparent, or a majority of surviving grandparents (minority exception on the same terms)
9. adult grandchildren
10. guardian of the person of the decedent at the time of death
11. personal representative of the estate
12. next degree of kinship under the laws of descent and distribution, in descending order (any one person of that degree may act)
13. the public officer, administrator, or employee responsible where the state or a political subdivision must arrange disposition
14. any other willing person, including the funeral director with custody, after written attestation of a good-faith but unsuccessful effort to contact everyone above

Naming someone in advance. W. Va. Code § 30-6-22a(b)(1)(B): a notarized affidavit in substantially the statutory form: 'I, ________, do hereby designate ___________ with the right to control the disposition of my remains upon my death. I ___ have/ ____ have not attached specific directions concerning the disposition of my remains with which the designee shall substantially comply, provided that these directions are lawful and there are sufficient resources in my estate to carry out the directions.' It is a standalone notarized form, not the advance directive, though § 30-6-22 also directs inquiry into wishes expressed in a last will and testament, an advance directive, or a preneed funeral contract as defined in § 47-14-2. § 30-6-22(a) bars anyone from being designated in that capacity for more than one nonrelative at a time. § 30-6-22(b) separately recognizes a DD Form 93 for a service member.

When the same tier disagrees. W. Va. Code § 30-6-22a(d): where more than one person in a class holds equal priority and the funeral home has no knowledge of an objection from other members of that class, the funeral home may rely on and act according to the instructions of the first person in the class to make funeral and disposition arrangements, unless another person in that class provides written objections to the funeral home. The section writes in no court petition procedure for same-tier deadlock.

Under § 30-6-22a(c) the right is forfeited and passes to the next qualifying person if the holder is charged with murder or voluntary manslaughter connected to the death and the charges are known to the funeral director (restored on dismissal or acquittal), if the holder does not exercise the right within two days of notification of the death or three days of the death, whichever is earlier, or if the holder is a spouse and a petition to dissolve the marriage was pending at death. Anyone signing a funeral service agreement or cremation authorization warrants the truth of the facts in it, including their own authority to order the disposition.

Source: W. Va. Code § 30-6-22a (Right of disposition; preneed contract; affidavit on disposition of remains; role of county commission; liability of funeral home), with § 30-6-22 (Disposition of body of deceased person; penalty) ↗

If you can't afford the funeral in West Virginia

Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.

1. When nobody can pay. Direct cremation or direct burial expenses for indigent persons, W. Va. Code § 9-5-9. The Department of Health manages the payments and determines financial eligibility, per the statute. We couldn't find a program page on the agency's own site.

What it pays. 'not to exceed the actual cost of the direct cremation or direct burial service provided, or $1,000 whichever is less'

What disqualifies you. The department checks whether the estate or the legally responsible relatives have the means to pay. Liability runs in order: spouse, then children, then parents, then siblings, each only if financially able. Applicants file affidavits with income documentation per department guidelines.

The official page ↗

2. If the death was caused by a crime. 'A total charge not in excess of $10,000 for expenses in any way related to funerals, cremations, and burials' (W. Va. Code § 14-2A-3). The aggregate caps in § 14-2A-14 are $35,000 for injury claims and $50,000 in the aggregate for death claims. The fund is the West Virginia Crime Victims Compensation Fund, administered through the Legislature's Claims Commission.

West Virginia crime victim compensation ↗

3. Money the person was already owed. Search West Virginia's unclaimed property before you borrow anything. Searching and claiming are free.

West Virginia unclaimed property ↗

The family doesn't have to be the one who applies. The statute lets heirs-at-law, county coroners, health officers, attending physicians, whoever signed the death certificate, or the state medical examiner file, and the funeral home itself can apply if no family member takes part. The statute sets no deadline.

At a Glance

West Virginia doesn't have a state estate tax.

West Virginia doesn't impose a state estate tax. This means that your estate won't be subject to a separate state-level tax on its value upon your death. However, residents of West Virginia may still be subject to the federal estate tax if their estate's value exceeds the federal exemption threshold.

West Virginia doesn't have an inheritance tax.

West Virginia doesn't levy an inheritance tax. An inheritance tax is typically paid by the beneficiaries who receive assets from an estate. Since West Virginia doesn't have this tax, beneficiaries inheriting property from a West Virginia resident won't owe state-level inheritance tax.

Federal estate tax.

The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.

Does West Virginia have an estate tax?

No. West Virginia has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does West Virginia have an inheritance tax?

No. West Virginia doesn’t tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Registering as a donor in West Virginia.

In West Virginia, you can register to be an organ, eye, and tissue donor through several convenient methods. The most common way is when applying for or renewing your driver's license or state ID at the Department of Motor Vehicles (DMV). You can also register online through the Donate Life West Virginia registry. Making your wishes known through these official channels ensures your decision is legally documented.

• -Donate Life West Virginia Registry - https://donatelifewv.org/register/
• -Register at any West Virginia DMV office when obtaining or renewing your driver's license or state ID.
• -Register to vote or update your voter registration. Since June 8, 2026, the application asks whether you want to register as an organ donor and be included in the National Donate Life Registry (W. Va. Code § 3-2-5(d)(9)).
• -You can also indicate your donor status on your advance directive, though official registration is recommended.

Source: House Bill 4638, enrolled (West Virginia Legislature) ↗

Your family can't override an adult donor's decision.

In West Virginia, a registered organ donor decision is legally binding under the Uniform Anatomical Gift Act. Nobody else can make, amend, or revoke your gift after your death (WV Code §16-19-8). One exception: if the donor is an unemancipated minor, a parent who is reasonably available can revoke or amend the gift (WV Code §16-19-8(f)). In practice, organ procurement organizations still consult families out of respect and to provide support, so make your wishes known to your family in advance to prevent misunderstandings during a difficult time.

Source: WV Code §16-19-8 (Preclusive effect of anatomical gift, amendment, or revocation) ↗